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TOWN OF CARY, NORTH CAROLINA REQUEST FOR REZONING STAFF

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TOWN OF CARY, NORTH CAROLINA REQUEST FOR REZONING STAFF

RECOMMENDATION TO TOWN COUNCIL

Rezoning Petition: 04-REZ-21, Wake County Residential-30 District (R-30W) to Office and Institutional Conditional Use District (O&I CU) Land Use Plan Amendment: 04-LPA-16, Low Density Residential (LDR) to Office and

Institutional (O&I)

Meeting Date Staff

Recommendation Action Town Council Public Hearing November 18,

2004

Forward to the January 18, 2005 Planning and Zoning Board Meeting

Forwarded to January 18, 2005 Planning and Zoning Board Meeting

Planning and Zoning Board January 18, 2005

Forward to the February 24, 2005 Town Council meeting, with recommendation for approval

Planning Board voted unanimously to

recommend approval of this request.

Town Council February 24,

2005

Staff recommends approval of the request and proposed Land Use Plan amendment.

Request approved with conditions as described in this report.

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner Phone: (919) 469-4045

Email: [email protected]

APPLICANT OWNERS

Cary Alliance Church 555 SW Maynard Road Cary, NC 27511-4310

Cary Alliance Church 555 SW Maynard Road Cary, NC 27511-4310 STAFF RECOMMENDATION

Staff believes that this request satisfies the criteria to rezone and amend the land use plan the property as prescribed in the Land Development Ordinance Sections 3.4.1(E) and 3.2.2 (C). Therefore, staff recommends approval of both the rezoning and the associated land use plan amendment with conditions described in this report:

1. This request is consistent with the current Town of Cary Land Use Plan. ** The request is not consistent with the current land use plan, however, with the adoption of the associated land use plan amendment (04-LPA-16) it will be consistent, and therefore satisfies this requirement.

2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.) 3. The proposed rezoning is unlikely to have a significant impact on the natural environment.

4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity.

5. The proposed zoning classification is suitable for the property.

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LOCATION MAPS & DOCUMENTS The property is located at 4108 Ten Ten Road, south

of Ten Ten Road, approximately 980 feet west of the intersection of Ten Ten Road and Holly Springs Road.

Town of Cary Vicinity Map Town of Cary Land Use Map Town of Cary Zoning Map

PROJECT DESCRIPTION

The request is to rezone approximately 20 acres from Wake County Residential-30 District to Cary’s Office and Institutional Conditional Use District and to amend the Land Use Plan from Low Density Residential (LDR) to Institutional (INS).

PARCEL & OWNER INFORMATION Property Owner(s) County Parcel

Number

Real Estate ID(s) Area (Acres)

Cary Alliance Church 0760684403 0055435 20.21

Total Acreage 20.21

APPLICANT’S JUSTIFICATION STATEMENT

Cary Alliance Church has experienced such an increase in attendance that it has outgrown its present location. Anticipating this growth, the Church purchased the tract for which rezoning is being requested in 2002 with the intention of a future relocation to the site. A master plan for the campus has been prepared.

Because the site’s development will progress in phases, the Church desires to rezone the property to Office and Institutional (O&I) to avoid special use hearings each time a phase of development is initiated that would be associated with a residential zoning category. The classification of O & I was also selected as being the most logical for the Church’s needs. In addition, the rezoning of the referenced track to O & I will bring the tract more in line with the Industrial use on the adjoining tract to the east, while providing a transition from the high impact uses around the intersection of SR 1010 and Holly Springs Road located a short distance to the east to the proposed residential use to the south and north of this tract.

PROPOSED ZONING CONDITIONS The following use categories shall be allowed:

 Religious Assembly

Religious Assembly shall also include the following uses:

 Daycares operated by the Church and not managed by a private nonreligious licensed entity shall be allowed.

 Educational uses Church related shall be allowed.

 Church related assembly and non-routine assembly that provides a benefit to the public shall be allowed.

Parks and open space Cemetery

CURRENT USE & ZONING Current Land Use Plan: Low Density

Residential (LDR) Current Use: Vacant

Proposed Land Use Plan: Office and Institutional

Proposed Use: Church& related uses Current Zoning: Wake County Residential-

30 District (R-30W) Proposed Zoning: Office and Institutional Conditional Use District (O&I CU)

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ADJACENT EXISTING LAND USES, ZONING, and LAND USE PLAN DESIGNATIONS Existing Use Existing Zoning Existing Land Use

Designation North: Single-family Wake County Residential-40

District (R-40 W) Very Low Density Residential (VLDR)

East: Industrial Wake County Residential-30

District (R-30 W) Low Density Residential (LDR)

South Single-family and portion

of mini-storage Wake County Industrial-1 and Wake County Residential-30

District (R-30 W)

Low Density Residential (LDR)

West: Existing single-family

dwelling on 42 acres. Town of Cary Residential-12

Conditional Use (R-12 CU) Low Density Residential (LDR)

PLANNING

Comprehensive Plan Analysis

An amendment to the Land Use Plan is required to change the designation of the proposed site from Low Density Residential to Office and Institutional; however, the proposal is conditioned to remove all non- church-related office uses. Since the property would function as an institutional use (church), changing the designation of this parcel to Institutional (INS) would more accurately reflect the applicant’s intended use.

Recent interest in commercial development at the intersection of Holly Springs Road and Ten Ten Road has prompted staff to begin the development of an Activity Center Land Use Plan for this intersection.

The intersection is located within an area where future development would utilize Cary water and sewer services. Therefore, future development would be reviewed and approved by Cary. The intersection of Holly Springs Road and Ten Ten Road could develop as a Neighborhood Activity Center.

The Cary Alliance Church property would be located within this Activity Center and is proposed to be designated as an “institutional” use.

Open Space Considerations There are no natural or historic resources located on the site, based on the Town’s Open Space and Historic Resource Plan.

Parks and Greenways There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.

Transportation Planning

This location is within the C-Tran service area. The Comprehensive Transportation Plan requires a 4-lane median divided section for Ten Ten Road. Sidewalk is required on both sides of Ten Ten Road.

Outside lanes 14’ wide are required on Ten Ten Road to accommodate bicycles.

ENGINEERING Environmental

Considerations

The project will be required to meet the nitrogen requirements of the Town of Cary. There are riparian buffers associated with the project.

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Utilities (Water and Sewer)

The property has direct access to Town of Cary’s public water distribution system via a 24” waterline on Ten Ten Road. There is no direct access to the Town’s public sewer system. However, a site plan for a parcel west of the church property (M Powell Tract 04-SP-154) is currently under site plan review. The Powell site plan includes a gravity sewer stub to the church property.

Traffic Impact Analysis The proposed Church will not require a traffic impact study.

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